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Tag Archives: evidence

Tort/Negligence – Professional Malpractice Claim – Standard of Care – Insufficient Showing – Municipal Water System – Pressure Level (access required)

Frankenmuth Insurance v. City of Hickory (Lawyers Weekly No. 14-07-0653, 13 pp.) (Robert C. Hunter, J.) Appealed from Catawba County Superior Court (Timothy Kincaid, J.) N.C. App. Holding: Since plaintiff claimed that the defendant-city failed to prevent excessive pressures in ...

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Criminal Practice – Drug Sentence Based on Informant Hearsay Upheld (access required)

U.S. v. Crawford : A sentencing court could attribute 321 grams of crack cocaine to defendant, based on testimony by a sheriff’s deputy about a federal agent’s telephone interviews with two paid informants who described drug buys from defendant in order to work off their own criminal charges; the 4th Circuit upholds defendant’s sentence of 135 months on drug and firearm convictions.

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No place for Rules of Evidence at DMV hearings, court says (access required)

court house

Sure, there are rules at Department of Motor Vehicles hearings—but no North Carolina Rules of Evidence, now that the Court of Appeals has held that the long-memorized dictates of criminal trials don’t apply to civil revocation hearings. The court did not call the case a question of first impression, but it also did not cite any prior law controlling the issue.

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Tort/Negligence – Medical Malpractice Claim – Civil Practice – Evidence – Witness Credibility – Lay Witnesses – Witness Deposition (access required)

Manning v. Anagnost At trial, plaintiff repeatedly attacked the defendant-doctor’s testimony that he had personally examined plaintiff’s decedent after she fell. By calling into question the doctor’s credibility, plaintiff opened the door for the doctor to present witnesses who testified as to his character for truthfulness.

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Criminal Practice – Evidence – ‘Statement’ to Police – Investigator’s Notes (access required)

State v. Randolph Although the state may not introduce evidence of a written confession unless that written statement bears certain indicia of voluntariness and accuracy, so long as oral statements are not obtained in violation of the Constitution, a defendant’s own statement is admissible when offered against him at trial as an exception to the hearsay rule. A police investigator could testify as to what defendant told him (prior to defendant’s assertion that he didn’t want to answer any more questions).

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